West Virginia Democrat. [volume] (Charles Town, W. Va.) 1885-1890, 1887-05-20

whether a prOhiOltiOn on SeheTai
BUSINESS is laid upon such Legis-
lature as met on the Doth of April.
LAWYERS need not be reminded that
an exception is, per Sc, exclusive.
1t is of provisions like these in the
Constitution of Illinois, Missouri,
Michigan and Nevada, that Judge
Cooley says:
The special session cannot go outside
of the subject which the Governor has
specified for its consideration. Consti-
tutiOnal Limitations, LOOT.
To arrive at a proper cOnstruc'
tiOn of a provision in C0nstitu
ton the entire instrument must be
taken together; and effect must be
given to each and every part. There
is no repugnancy in the provisions
touching this subject; they are all
entirely consistent, one with the
other. The organic law of West
Virginia ordains that the Legisla
ture, when convened by the Govern
or" shall enter upon no business
except that specified in the procla-
nation"
The organic law Of corporation
is its charter; the organic law of a
State is its constitution.
1t was long ago found necessary
to protect cities against haSty action
by aldermen and councils. This
was effected by provisions similar to
the one in our Constitution. So also
in trading corporations, the object of
a special meeting must, under GER
tain circumstances, be specified in
the call; and any action, outside of
that specified in the call, is void.
The point need not be enlarged. No
one will question that, under the
doctrine of Ultra Wires, no corpora
ton, and no representatives of a
corporation, can do 4 valid act out
side Of the powers of the corporation
or outside of the powers Of the spe-
cial body.
In st. Louis Y. Wythans, Central
Law Journal for April, the Supreme
Court Of Missouri held:
An ordinance of a city passed at a spe-
cial session of the council is void, be-
cause the subject was not specified by
the MavOr as one of the objects OF the
meeting, as required by the charter.
On this general subject curious
reader may consult, with profit,
Boone, on Corporations, Sec. Ga; l
Dillon. NUM-. Corps. Secs. 223-4-5;
Morrowetz, Sec. 359; Angel and
Ames, Secs. 1876; l Minor Insti.,
532, $40.
We are considering the mere
question OF law, which does not in
volye the prOpriety of the Governor
proclamation, but the effect of it,
and we cannot escape the conviction
that our Legislature could enter
upon no business except such as he
had named. If it be said that the
Governor ought not to have power
to limit legislative action, the reply
is-that the Constitution so Ordains.
II the members desired to elect 4
Senator, there was only one way,
under the Constitution, OF charging
the powers that could be exercised
at a special session:-Three-ffths
could have requested an extra SEES
sion; and, had they done so, the Leg
islature would have had jurisdiction
to enter upon the BUSINESS of cleo
ting 4 Senator.
BE it remembered, unless the Con
stitution had lodged this power with
the Governor, there would have been
no extra session. 1t was special
and limited power to be exercised in
a special manner. The people have
said that limit might be placed on
the action of the Legislature ut a
special session. The people forbid
any business at an extra session eX-
cept that designated in the prOcla-
nation.
1t is said that the Federal law
overrides the State Constitution and
has the effect Of charging the pow
ers of a special session. The United
States Constitution and statutes are,
of course, the supreme law of the
land. but it does not follow that
provision Of State Constitution,
limiting the powers of particular
session of its own Legislature, is
therefore void. The session of a
Legislature terminates at the eXpi-
ration of 10 days;-because the Con
stitution saws so. Would law of
Congress authorize Il meeting of the
Legislature after the 40 days had
expired. And if nOt-why nOtl
Numberless illustrations suggest
themselves. IL would require I'M
mistakable terms to justify prOpo
ton that the Federal law enlarges
the powers Of a Legislature when
the state Constitution has expressly
restricted those powers, and hence
senator sherman has said:
The words of the West Virginia Con-
-tiiuuuu "the Legislature shall enter
unlu DAB Bt ~lNE>S. except, etc., pre-
-.ut- a very grave question.
The West Virginia DEMOCRAT is